In practice for more than 30 years, Curt Kirschner focuses on the resolution of complex labor and employment disputes, with a particular concentration on addressing employers' rights and obligations relating to disputes arising in the health care and financial services fields. Curt has extensive experience in the defense of "corporate campaigns" brought against employers by labor unions, including the pursuit of litigation against unlawful union activities arising from corporate campaigns. He has negotiated scores of collective bargaining agreements, handled numerous proceedings before the National Labor Relations Board (NLRB) and similar state agencies, advocated on behalf of employers in grievance and interest arbitrations, and provided advice and litigation representation during labor disputes.
Curt has been designated by the American Hospital Association (AHA) as its outside counsel for labor matters affecting the hospital industry. On behalf of the AHA, he has authored amicus briefs and comments on a variety of important policy topics facing hospital employers, including federal preemption of state laws affecting labor-management relations, the NLRB's proposed rule changes, and the proposed expansion of the federal contractor jurisdiction over hospitals.
Curt's employment counseling and litigation experience is similarly extensive. Defending scores of employment lawsuits in state and federal courts and in private arbitration proceedings, he has obtained favorable decisions from juries, judges, and arbitrators in difficult employment cases in many industry sectors, including health care, broadcasting, technology, investment banking, and the public sector. Curt has advised numerous clients on employment classification issues that arise when employees work across multiple jurisdictions, including in telehealth settings.
Experience
Speaking Engagements
- May 27, 2016
NELI, Traditional Labor Law Update - December 4, 2015
NELI, Traditional Labor Law Update - June 9, 2015
KKR General Counsel & Regulatory Affairs Conference - May 14-15, 2015
2015 Health Care Labor & Employment Symposium - January 15, 2015
Another Round of the Obama Board: Controversial Decisions by a Closely Divided NLRB - March 25, 2014
Affordable Care Act Update -- What You Need to Know from the Recently Issued Final Regulations - November 21, 2013
What's the Deal? The Impact of the Affordable Care Act on Labor Contract Negotiations - September 29, 2013
What Health Care HR Needs to Know about the Affordable Care Act, American Society for Healthcare Human Resources Administration 49th Annual Conference - May 30, 2013
Affordable Care Act - Getting Ready to Pay or Play: ACA Compliance for Smaller and Growing Employers - May 29, 2013
Affordable Care Act - Getting Ready to Pay or Play: ACA Implementation for "Large" Employers - April 9 & 10, 2013
Affordable Care Act: Implementation Issues for Employers, Jones Day Chicago Health Care Conference - April 9-10, 2013
Jones Day 2013 Chicago Health Care Conference - October 14, 2010
2010 California Labor & Employment Law Briefing - November 2009
Jones Day 2008 California Labor & Employment Law Briefing - October 8, 2009
California Labor Outlook, 2009 California Labor & Employment Law Briefing - November 2008
Update on Labor - Management Relations, National Employment Law Conference - October 2008
Labor and Employment Law Update, Jones Day 12th Annual Health Care Compliance Forum - September 18, 2008
Labor Relations in California, Jones Day 2008 California Labor & Employment Law Briefing - September 18, 2008
Jones Day 2008 California Labor & Employment Law Briefing - May 2008
Labor Relations in 2008: A Time of Transition, The Hospital & Healthsystem Association of Pennsylvania - January 2007; February 2007
Strategies for Managing Through a Corporate Campaign, The Leadership Institute Roundtable - June 2006
Corporate Campaigns, American Health Lawyers Association
"‘He is incredibly bright, calm and in control. His advice is always in line with our culture and how we approach things.’"Chambers
- University of Michigan (J.D. cum laude 1985; Clara Belfield Fellowship); University of California, Berkeley (B.A. with distinction 1982; Phi Beta Kappa)
- California
Top Labor and Employment Attorneys in U.S., HR Executive Online (2010-2020)
Chambers USA (2014-2020)
Top California Labor Attorneys, Daily Journal (selected six times since 2010, including 2019)
Recommended attorney, employment litigation and labor, Legal 500 (2013-2017) and Best Lawyers (2020)
Northern California Super Lawyers (2004-2020)
Early neutral evaluator and mediator, Northern District California
Board of Governors, San Francisco Symphony
Board of Directors, San Francisco SPCA (Society for the Prevention of Cruelty to Animals)